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Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

.... AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-Record— For the Petitioners. Habibur Rahman Sharif, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Not Represented. — For Respo......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......on was rightly rejected……………….(16) Cases Referred to- AIR 1988 (SC) 2211; AIR 1987 (SC) 359; AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-Record— For the Petitioners. Habibur Rahman Sharif, Advocate inst..

Category: Civil Law | Date: | Hits: 130

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....ant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant Abu Sayeed Ahmed, Advocate instructed ......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...

Category: Procedural Law | Date: | Hits: 88

Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

....and acceptance of the result as submitted by the Presiding officer, the High Court Division could not sit on judgement over it and direct repoll………………………(5) Lawyers Involved: Md. Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellan......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..

Category: Election Law | Date: | Hits: 125

Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....Hossain & ors BCR 1984 (AD) 532; Abu Ahmed A. Hafiz & ors Vs. M.A. Hoque Shirajee 1983 BLD (AD) 193. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented. — Respondent Nos......ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 94

Nurul Islam (Md) Vs. Election Commis­sion & others, 1989, 18 CLC (AD)

.... Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appel­lant. Sharifuddin Chaklader, Advocate-on-......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..

Category: Election Law | Date: | Hits: 114

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..

Category: Employment/Service Law | Date: | Hits: 80

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....can only be thrashed out in the pending suits which are directed to be disposed of expeditiously…………………………(7) Lawyers Involved: Asrarul Hussain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record.—For the Appellant. M. Nurullah, Senior Advocate (Mozammal H......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..

Category: Banking Law | Date: | Hits: 99

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

....”For the Appellant. A.W. Bhuiyan, Additional Attorney General, in­structed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman, Deputy Attorney General, in­structed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent Nos. 2(a)-2(c), 9(a)-9(d),16(a)-16(b) 19...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..

Category: Property Law | Date: | Hits: 35

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

.... Khandakar Mahbubuddin Ahmed, Senior Advo­cate, Mahbubey Alam, Advocate with him, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instruct­ed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..

Category: Property Law | Date: | Hits: 32

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

....he valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser………………….(11) Cases Referred to— Md. Tazammul Hossain Vs. Purni Agarwalini 10 DLR 318; Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355; Md......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dis­missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dis­missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......nvolved: Syed Ishtiaq Ahmed, Senior Advocate, Mozammel Huq Bhuiyan & Mrs. Rabeya Bhuiyan, Advocates with him, instructed by Md. Aftab Hossain, Advocate-on- Record. — For the Ap­pellants. Miah A. Gafur, Advocate-on-Record.—For the Respondent Nos. 1-3, 4 (a) to 4 (f), 5 (b), 6 (a) to 6 ..

Category: Property Law | Date: | Hits: 45

Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)

....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......ng aside the order of the Election Commission for publica­tion of the result of the appellant. 2. The appellant received highest number of votes in an election of the Office of Chairman of No. 12 Amirabari Union Parishad, Upazila Trishal, Mymensingh. The Election Commission, by an or­der dated ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ...... Supreme Court Appellate Division (Civil) Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Abdul Hamid Khan.............................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. ..

Category: Election Law | Date: | Hits: 115

Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)

....(1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..

Category: Property Law | Date: | Hits: 38

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... and P.W.6 himself admit­ted that out of 10 kanis of land left by Salam. 3 1/2 kanis was in possession of Anwarul Islam and the remaining property was in possession of Siraj's son, Rafiquddin. Rafiq Uddin was a Charge-sheet witness in this case but he has not been examined and no ex­planation has ......ith a kirich as a result of which Siraj fell down into the water; then Shamsu and Hashem and Kashem dealt him blows with daos, Hafez struck him with an iron-rod on the head, while Mannaf, Samad, Dula Miah and others struck him with lathis; when the as­sailants, retreated, they raised the injured Si..

Category: Criminal Law | Date: | Hits: 52

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..

Category: Criminal Law | Date: | Hits: 47

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Azizur Rahman Chowdhury, Advocate instr......r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......he instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Azizur Rahman Chowdhury, Advocate instructed by Miah A. Gafur, Advocate-on-Record-For Respondent Nos. 1-5. Not represented.—Respondent No. 6. ..

Category: Criminal Law | Date: | Hits: 41

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....e same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, Ad­vocate-on-Record- For the Petitioner......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....claration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellan......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....ismissed. Cases Referred To- Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468. Lawyers Involved: T.H. Khan, Senior Advocate, with Fo......ppellants Vs. Obaidur Rahman Chowdhury & others………….Respondents Judgment February 8, 1978. Result: The appeal is dismissed. Cases Referred To- Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; ......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133...

Category: Property Law | Date: | Hits: 36

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

.... Vs. Secretary, Minis­try of Cabinet Affairs, Establis­hment Division, Government of Bangladesh & others……………Respondents Judgment March 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record -......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72